Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 13(3), 13(4) & 17---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Execution of money decree passed by Family Court---Contention of the petitioner was that such decree could only be executed and recovered as arrears of land revenue by a Court established under the West Pakistan Land Revenue Act, 1967, in view of S.13(3) read with S.17 of West Pakistan Family Courts Act, 1964---Validity--­Section 13(4) of West Pakistan Family Courts Act, 1964, clearly provided that decree shall be executed by the Court passing the same while S.13(3) of the said Act provided that it was the discretion of Executing Court that on refusal by -debtor to pay decretal amount, Court may, if so directed could recover the same and assess it as arrears of land revenue---Implementation of the decree by the Court of Tehsildar was not mandatory. (b) Jurisdiction--- ---- No Court can take away the jurisdiction which is given to a Court by law and, no Court is competent to pre-empt legal jurisdiction of a competent Court under the law. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.13(4)---Execution of money decree passed by Family Court--­Section 13(4) of West Pakistan Family Courts Act, 1964, provides that decree shall be executed by the Court which has passed the same or by some other Civil Court directed by special or general order of the District Judge. Saif-ul-Haq Ziay for Petitioner. ORDER Brief facts in the instant writ petition are that the execution proceedings are pending before the learned Judge Family Court/executing Court, an objection petition was filed by the petitioner that in view of provisions of section 13(3) read with section 17 of the West Pakistan Family Courts Act, 1964 money decree passed by a Family Court can only be executed and recovered as arrears of land revenue by a Court established under the Land Revenue Act, 1967. This application was turned down and objection petition was dismissed being without merits. Against this order instant writ petition has been filed. 2. Arguments advanced by learned counsel for the petitioner are that against the order passed by the…

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